‘Despite the return of the courts on Monday, it was another relatively light week in terms of decisions in the fields of public law and human rights. However, the High Court decided a number of interesting clinical negligence cases, whilst the Court of Appeal gave judgement in the case of TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 784.’

‘The low age of criminal responsibility in England and Wales is putting children at risk during crucial years of their development, the human rights watchdog has warned. In an unprecedented move, the Equality and Human Rights Commission (EHRC) has called on lawmakers to raise the age at which a child can be deemed responsible for committing a crime – currently at 10.’

‘Every police officer knows they must have a reasonable suspicion that a person has committed an offence in order to arrest them. But that is only half of what is required. The second element is that they must have a reasonable belief in the necessity for the person’s arrest. The recent decision of Commissioner of the Metropolitan Police v MR [2019] EWHC 888 (QB) is one of a number of recent cases where appellate judgments have sought to tighten-up what the police must show in order to prove necessity.’

‘The appalling scale of sexual abuse against children as young as 11 in detention centres has been revealed by a nationwide inquiry. The Independent Inquiry into Child Sexual Abuse (IICSA) said that more than 1,000 incidents of alleged sexual abuse had been reported between 2009 and 2017.’

‘Twenty years on from Bournewood, the case that prompted the introduction of DoLS, and as the Mental Capacity Amendment Bill tolls the death knell for DoLS and introduces as their replacement Liberty Protection Safeguards, the High Court (HHJ Coe sitting as a Deputy High Court Judge) has given a sharp reminder of the human and financial cost of what happens when a hospital fails properly to discharge its obligations under the Mental Capacity Act and as a result, falsely imprisons (in a hospital) a patient.’

‘Indefinite detention in immigration centres is traumatic and the practice should be stopped, with people ideally held for no longer than 28 days, a parliamentary committee has recommended. In a highly critical report, the joint committee on human rights (JCHR), made up of MPs and peers, described the UK’s immigration system as “slow, unfair and expensive to run”, and said detention should be authorised only by decision-makers independent of the Home Office.’

‘The Home Office is obtaining patient data from the NHS and using it for immigration enforcement purposes, despite suggesting last year that this form of data-sharing would no longer take place. A report by the chief inspector of borders reveals immigration enforcement teams are using hospital records containing data on migrants with an outstanding debt to the NHS of £500 or more.’

‘The Court of Appeal has rejected a claim by a mother that a council and a clinical commissioning group were required under s.117 of the Mental Health Act 1983 to meet her travelling expenses for a 240-mile round trip to see her son on day trips out of the mental hospital where he is detained.’